Auto-parts dealer escapes death sentence, freed of drug trafficking charge

Judicial Commissioner Datuk Mohamad Abazafree Mohd Abbas ordered Wan Muhammad Azlan Wan Mahamod, 34, to be freed after finding the prosecution had failed to prove a prima facie in the case.

In the judgment, Mohamad Abazafree said the court found that the defence succeeded in raising reasonable doubts over access to the accused's room, the presence of other people in his (accused) residence and the existence of a Proton Satria which belonged to another person at the location of the raid.

"The accused has made his defence with sworn testimony. In his testimony, from the early stage of the prosecution, a man, by the name of Mohd Harif Mohd Azmi, went to sleep in the accused's room before the residence was raided by the police," he said.

Wan Muhammad Azlan was charged with trafficking in 342.3 grammes of methamphetamine in a room in a house in Kampung Kepas, Jalan Banggol Jering, Pasir Mas, at about 4.10 am on Sept 2, 2018.

The charge, under Section 39B (1)(a) of the Dangerous Drugs Act 1952 (Act 234) and punishable under Section 39B (2) of the same act, provides for the death penalty or life imprisonment, and If not sentenced to death, must be whipped not less than 15 times, upon conviction.

The prosecution was conducted by deputy public prosecutor Norazlinawati Mohd Arshad, while the accused was represented by lawyer Ahmad Nizam Mohamed.